Kenny Johnson Seunane v South African Police Service and Others

The applicant, a SAPS constable employed since 2013, was dismissed on 22 April 2022 for misconduct involving alleged corruption and dishonest conduct, namely demanding and receiving money to release detainees. He referred an unfair dismissal dispute to the Safety and Security Sectoral Bargaining Council approximately 200 days late and applied for condonation. His explanation for the delay was that he had been admitted to a traditional healer for treatment, supported by a sick note. The commissioner refused condonation due to an inadequate explanation for the excessive delay and lack of prospects of success. The applicant then sought to review and set aside the commissioner’s jurisdictional ruling in the Labour Court.

The review application was dismissed, and the commissioner’s refusal of condonation was upheld. No order as to costs was made.

The case reaffirms strict principles governing condonation in labour disputes, particularly that excessive and unexplained delays are fatal regardless of alleged prospects of success. It underscores the application of the correctness test in jurisdictional reviews and emphasizes the importance of speedy dispute resolution under the LRA.